the constitutionally of the defense of marriage act. i don't think marriage has anything to do with procreation. couples do not need to get married to have babies. the desire to the baby is not a prerequisite for getting marriage licenses. most of the legal benefits of marriage, from the federal government. you have aing -- case where a straight couple can fly out to las vegas and get married and that marriage is honored in all 50 states. if my partner and i went to iowa and came back to west virginia, we would become unmarried. for the purposes of a social security and tax law, i do not know how any judge or justice could consider that constitutional. host: jess bravin? guest: most of the of marriage come from state law. the states have always have the primary authority with things like inheritance and visitation rights for parents in divorce. states have defined what marriage means. the issue that is before the court is whether federal employees are entitled to marriage benefits in same-sex marriages that are authorized by the states.